55562 Federal Register/Vol. 81, No. 161/Friday, August 19, 2016/Rules and Regulations
<br /> DEPARTMENT OF EDUCATION program, 34 CFR part 371 (formerly Finally, as part of this update,the
<br /> known as"Vocational Rehabilitation Secretary removes regulations that are
<br /> 34 CFR Parts 367,369,370,371,373, Service Projects for American Indians superseded or obsolete and consolidates
<br /> 376,377,379,381,385,386,387,388, with Disabilities"); regulations,where appropriate. In
<br /> 389,390,and 396 • The Rehabilitation National addition to removing portions of 34 CFR
<br /> [Docket No.2015-ED-OSERS-0002] Activities program, 34 CFR part 373 part 369 pertaining to specific programs
<br /> (formerly known as"Special whose statutory authority was repealed
<br /> RIN 1820-AB71 Demonstration Projects"); under WIOA(i.e.,Migrant Workers
<br /> • The Protection and Advocacy of program,the Recreational Programs,and
<br /> Workforce Innovation and Opportunity Individual Rights (PAIR)program, 34 the Projects With Industry program),the
<br /> Act, Miscellaneous Program Changes CFR part 381; Secretary is removing the remaining
<br /> AGENCY: Office of Special Education and • The Rehabilitation Training portions of the Part 369 regulations. The
<br /> Rehabilitative Services,Department of program, 34 CFR part 385; Secretary is also removing parts 376,
<br /> Education. • The Rehabilitation Long-Term 377, and 389.
<br /> ACTION: Final Regulations. Training program, 34 CFR part 386;
<br /> g Public Comment
<br /> • The Innovative Rehabilitation
<br /> SUMMARY: The Secretary amends the Training program, 34 CFR part 387 On April 16, 2015,the Secretary
<br /> regulations governing a number of (formerly known as the"Experimental published a notice of proposed
<br /> programs administered by the and Innovative Training"); rulemaking(NPRM)for these programs
<br /> Rehabilitation Services Administration • The Training of Interpreters for in the Federal Register(80 FR 20988).
<br /> (RSA)to implement changes to the Individuals Who are Deaf or Hard of In response to our invitation in the
<br /> Rehabilitation Act of 1973 (Act)made Hearing and Individuals who are Deaf- NPRM,more than 100 parties submitted
<br /> by the Workforce Innovation and Blind program, 34 CFR part 396 comments on the proposed regulations.
<br /> Opportunity Act,signed on July 22, (formerly known as the"Training of Because the amendments described in
<br /> 2014. Interpreters for Individuals Who are these final regulations are so many and
<br /> The Secretary also implements Deaf and Individuals who are Deaf- varied,we first discuss those programs
<br /> changes to the Act made by the Blind program"). whose regulations we amend and do not
<br /> Workforce Investment Act of 1998, WIOA also repealed the statutory remove.We discuss these programs in
<br /> signed on August 7, 1998,that have not authority for four programs, and the the order in which their parts appear in
<br /> previously been implemented in Secretary,therefore,removes their the Code of Federal Regulations (CFR).
<br /> regulations, and otherwise updates, corresponding regulations.These For each part,we provide a summary of
<br /> clarifies, and improves RSA's currentprograms and regulations are: the changes we proposed, a summary of
<br /> regulations. • Vocational Rehabilitation Service the differences between the proposed
<br /> DATES: This final rule is effective Projects for Migratory Agricultural regulations and these final regulations,
<br /> September 19, 2016, except the removal Workers and Seasonal Farmworkers and a detailed discussion of the public
<br /> of part 388,amendatory instruction 13, with Disabilities (Migrant Workers) comment we received on the proposed
<br /> is effective on October 1, 2016. program,portions of 34 CFR part 369; regulations. We then discuss those
<br /> FOR FURTHER INFORMATION CONTACT:Ed • Projects for Initiating Special programs whose regulations we remove.
<br /> Anthony,U.S.Department of Education, Recreation Programs for Individuals Generally,we do not address technical
<br /> 400 Maryland Avenue SW.,Room 5086 with Disabilities (Recreational and other minor changes.
<br /> PCP,Washington,DC 20202-2800. programs),portions of 34 CFR part 369; Independent Living Services for Older
<br /> Telephone:(202) 245-7488, or by email: • Projects with Industry, 34 CFR part Individuals who are Blind(OIB),34
<br /> Edward.Anthony@ed.gov. 379 and portions of part 369;and CFR Part 367
<br /> If you use a telecommunications • The State Vocational Rehabilitation
<br /> device for the deaf(TDD)or a text Unit In-Service Training program, 34 Summary of Changes
<br /> telephone (TTY),call the Federal Relay CFR part 388. In the preamble of the NPRM,we
<br /> Service (FRS),toll free at 1-800-877- In addition,the Secretary implements discussed on pages 20989 through
<br /> 8339. changes to the Act made by the 20991 the major changes proposed to
<br /> SUPPLEMENTARY INFORMATION: Workforce Investment Act of 1998 part 367 implementing the amendments
<br /> (WIA), signed into law August 7, 1998 to the OIB program made by WIOA.
<br /> Background (Pub. L. 105-220). These changes were These included a requirement that not
<br /> The Secretary amends the regulations not previously implemented in the OIB, less than 1.8 percent and not more than
<br /> governing a number of programs CAP,AIVRS, and PAIR program 2 percent of the funds for this program
<br /> administered by the Rehabilitation regulations,and the Secretary now be reserved to provide training and
<br /> Services Administration(RSA)to makes these changes in the applicable technical assistance to designated State
<br /> implement changes to the Rehabilitation regulations. agencies (DSA) or other providers of
<br /> Act of 1973 (Act)made by the Separate and apart from amendments independent living services for older
<br /> Workforce Innovation and Opportunity to the Act made by WIOA and WIA,the individuals who are blind.
<br /> Act(WIOA), signed on July 22, 2014 Secretary updates and clarifies the In addition,we proposed to
<br /> (Pub.L. 113-128). These programs and regulations governing the various incorporate into part 367 the text of
<br /> their corresponding regulations are: rehabilitation training programs-34 relevant provisions of parts 364 and 365
<br /> • The Independent Living Services CFR parts 373, 385, 386, 387, and 396- regarding general independent living
<br /> for Older Individuals Who Are Blind and 34 CFR part 390,which governs the and State independent living services
<br /> (OIB)program, 34 CFR part 367; Rehabilitation Short-Term Training that were previously incorporated only
<br /> • The Client Assistance Program program.These regulations have not by reference.
<br /> (CAP), 34 CFR part 370; been updated in some time, and There are five differences between the
<br /> • The American Indian Vocational updating them now is intended to NPRM and these final regulations. As a
<br /> Rehabilitation Services(AIVRS) improve how these programs function. result of our further review,we add the